Illinois General Assembly - Bill Status for SB 1004

Replaces everything after the enacting clause. Amends the Criminal Identification Act. Provides that if a petitioner has been granted a certificate of innocence under the Code of Civil Procedure, the court that grants the certificate of innocence shall also enter an order expunging the conviction for which the petitioner has been determined to be innocent, notwithstanding the presence of additional felony charges or criminal convictions present on the petitioner's record. Provides that provision of the Unified Code of Corrections concerning a conviction or sentence that has been set aside on direct review or on collateral attack in which the court determines by clear and convincing evidence that the defendant was factually innocent of the charge does not prevent the court from entering the expungement order for a petitioner who has been granted a certificate of innocence under the Code of Civil Procedure. Provides that the court shall execute the expungement according to the process established in the Code of Civil Procedure. Provides that the procedures established in the expungement statute do not govern or control this provision. Provides that the effect of the order shall be to restore the person to the status he or she occupied prior to the arrest, plea, or conviction for which he or she was determined to be innocent. Provides that no person as to whom the order has been entered shall be held thereafter, under any provision of any law, to be guilty of perjury or otherwise giving a false statement due to his or her failure to recite or acknowledge the arrest, plea, trial, conviction, or expungement in response to any inquiry made of him or her for any purpose whatsoever. Amends the Code of Civil Procedure. Provides that upon entry of the certificate of innocence, the court shall enter an order requiring the arresting agency, the Department of State Police, and any other agency as ordered by the court to expunge the records of arrest and conviction for the offense that the petitioner was found to be innocent, within 60 days of the date of service. The order shall also order that the records of the clerk of the circuit court regarding the arrest and conviction for the offense be impounded until further order of the court upon good cause shown or as otherwise provided, and the name of the defendant obliterated from the official index requested to be kept by the circuit court clerk under the Clerks of Courts Act in connection with the arrest and conviction for the offense but the order shall not affect any index issued by the circuit court clerk before the entry of the order. Provides that if one is pardoned by the Governor based on the grounds of innocence for the crime for which he or she was imprisoned, the individual must file for an expungement as provided in the expungement statute. Amends the Unified Code of Corrections to make a conforming change.

Date	Chamber	Action
1/13/2015	Senate	Session Sine Die

Date	Chamber	Action
1/24/2013	Senate	Filed with Secretary by Sen. John J. Cullerton
1/24/2013	Senate	First Reading
1/24/2013	Senate	Referred to Assignments
3/13/2013	Senate	Assigned to Executive
3/20/2013	Senate	Do Pass Executive; 010-000-000
3/20/2013	Senate	Placed on Calendar Order of 2nd Reading March 21, 2013
3/22/2013	Senate	Chief Sponsor Changed to Sen. Donne E. Trotter
4/10/2013	Senate	Added as Co-Sponsor Sen. Dan Kotowski
4/10/2013	Senate	Senate Floor Amendment No. 1 Filed with Secretary by Sen. Donne E. Trotter
4/10/2013	Senate	Senate Floor Amendment No. 1 Referred to Assignments
4/10/2013	Senate	Sponsor Removed Sen. Dan Kotowski
4/16/2013	Senate	Added as Chief Co-Sponsor Sen. Dan Kotowski
4/17/2013	Senate	Senate Floor Amendment No. 1 Assignments Refers to Criminal Law
4/24/2013	Senate	Senate Floor Amendment No. 1 Recommend Do Adopt Criminal Law; 008-000-000
4/29/2013	Senate	Rule 2-10 Third Reading Deadline Established As May 3, 2013
4/30/2013	Senate	Second Reading
4/30/2013	Senate	Senate Floor Amendment No. 1 Adopted; Trotter
4/30/2013	Senate	Placed on Calendar Order of 3rd Reading May 1, 2013
4/30/2013	Senate	Added as Chief Co-Sponsor Sen. Jacqueline Y. Collins
5/1/2013	Senate	Added as Chief Co-Sponsor Sen. Mattie Hunter
5/1/2013	Senate	Third Reading - Passed; 056-000-000
5/2/2013	House	Arrived in House
5/2/2013	House	Chief House Sponsor Rep. Monique D. Davis
5/2/2013	House	First Reading
5/2/2013	House	Referred to Rules Committee
5/15/2014	House	Alternate Chief Sponsor Changed to Rep. Elaine Nekritz
5/15/2014	House	Alternate Chief Sponsor Changed to Rep. Monique D. Davis
5/15/2014	House	Added Alternate Chief Co-Sponsor Rep. La Shawn K. Ford
5/15/2014	House	Added Alternate Chief Co-Sponsor Rep. Charles E. Jefferson
5/15/2014	House	Added Alternate Chief Co-Sponsor Rep. Elgie R. Sims, Jr.
5/15/2014	House	Added Alternate Chief Co-Sponsor Rep. Emanuel Chris Welch
5/15/2014	House	Added Alternate Co-Sponsor Rep. Rita Mayfield
5/15/2014	House	Added Alternate Co-Sponsor Rep. Mary E. Flowers
5/15/2014	House	Added Alternate Co-Sponsor Rep. Jehan A. Gordon-Booth
5/21/2014	House	Assigned to Judiciary
5/21/2014	House	Committee Deadline Extended-Rule 9(b) May 30, 2014
5/23/2014	House	Final Action Deadline Extended-9(b) May 30, 2014
5/27/2014	House	Do Pass / Short Debate Judiciary; 014-000-000
5/27/2014	House	Placed on Calendar 2nd Reading - Short Debate
5/27/2014	House	Second Reading - Short Debate
5/27/2014	House	Placed on Calendar Order of 3rd Reading - Short Debate
5/30/2014	House	Rule 19(a) / Re-referred to Rules Committee
11/25/2014	House	Approved for Consideration Rules Committee; 004-000-000
11/25/2014	House	Placed on Calendar Order of 3rd Reading - Short Debate
12/2/2014	House	House Floor Amendment No. 1 Filed with Clerk by Rep. Elaine Nekritz
12/2/2014	House	House Floor Amendment No. 1 Referred to Rules Committee
12/3/2014	House	Rule 19(a) / Re-referred to Rules Committee
1/13/2015	Senate	Session Sine Die

	Deletes reference to:
	725 ILCS 5/107-5

	Adds reference to:
	20 ILCS 2630/5.2